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The judge overseeing the trial of the man accused of trying to kill Donald Trump has been asked to recuse herself from the case.
A lawyer representing suspect Ryan Routh has argued that Aileen Cannon, who was appointed by Trump, can’t be impartial.
Cannon previously threw out a separate case against Trump for allegedly hoarding presidential records after she ruled that the prosecutor in the case had been illegally appointed. In September, she was randomly appointed to oversee the trail of Routh, who is accused of trying to kill Trump at a Florida golf course.
Routh’s attorneys argued in a court filing on Thursday that Trump rhas epeatedly praised Cannon for dismissing the classified documents case against him.
“Mr. Trump is the current Republican candidate for president in next month’s election. On the campaign trail, he has repeatedly praised Your Honor for her rulings in his case,” the filing states. “By repeatedly and publicly praising this Court by name for its rulings in his case, Mr. Trump has arguably bolstered the perception that the Court is partial in his favor.”
It notes that Trump even praised Cannon while accepting the presidential nomination at the Republican National Convention.
They also say that Trump may be planning to appoint Cannon to a higher court if he is elected president.
“Were he to become president in the future, he would have authority to nominate Your Honor to a federal judgeship on a higher court were a vacancy to arise,” their filing states. “These unprecedented facts and circumstances might create an appearance of partiality in the mind of the public. Accordingly, the Constitution and the federal recusal statute require Your Honor to recuse herself from this case.”
The Secret Service allegedly spotted Routh pointing a gun through a perimeter fence while Trump was playing golf at his West Palm Beach resort on September 15.
Routh was arrested as he allegedly tried to flee the scene and a note about the assassination attempt was found in his car, Florida police have claimed. He is facing five counts, including attempting to assassinate a presidential candidate and possession of a weapon as a convicted felon. He pleaded not guilty to all of the charges at a hearing in September.
Cannon scheduled his trial to begin on November 18 in Fort Pierce, Florida.
Separately, Trump was facing 40 federal charges in Cannon’s court over his alleged handling of sensitive materials seized from his Mar-a-Lago estate in Palm Beach, Florida, after leaving the White House in January 2021. He was also accused of obstructing efforts by federal authorities to retrieve them.
The Republican presidential nominee had pleaded not guilty and he said the case is part of a political witch hunt.
Newsweek sought email comment from Trump’s attorney and from Cannon’s office on Friday.
In her dismissal of the charges on July 15, Cannon noted that there is no constitutional backing for appointing Smith, a “private citizen”, as a Department of Justice prosecutor in charge of all Donald Trump’s federal indictments.
Smith is now appealing that decision to a federal appellate court in Florida.